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Full-Text Articles in Criminal Procedure
The Pendulum In Federal Sentencing Can Also Swing Toward Predictability: A Renewed Role For Binding Plea Agreements Post-Booker, Wes R. Porter
The Pendulum In Federal Sentencing Can Also Swing Toward Predictability: A Renewed Role For Binding Plea Agreements Post-Booker, Wes R. Porter
Publications
This article argues that in addition to the swing toward increased judicial discretion and overall lower sentences, the pendulum also can swing toward predictability and informed decision making for the defendant. The federal sentencing scheme must allow a defendant to pursue, negotiate, and contract for what the defendant believes is a uniform, proportional, and fair sentence. Increased use of binding plea agreements in federal court could complement the progressive developments following Booker and restore some predictability and informed decision making to federal sentencing. However, without significant rule, policy, and perception changes, like those proposed in Part VI of this article, …
Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code
Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code
California Joint Committees
No abstract provided.
Determinate And Indeterminate Sentence Law Comparison Study: Feasibility Of Adapting Law To A Sentencing Commission Guideline Approach, Joint Committee On Rules
Determinate And Indeterminate Sentence Law Comparison Study: Feasibility Of Adapting Law To A Sentencing Commission Guideline Approach, Joint Committee On Rules
California Joint Committees
No abstract provided.